Legal Question in Family Law in New York

Property distribution

I am currently married, but planning to file for divorce this year. However, I am expecting to receive a fair amount of money from the sale of some real estate next month. Since this is property my mother left me in her will is it fair to say that it would not be included in the marraige assets? If not, is there anything I should do to protect myself?


Asked on 1/28/02, 8:34 am

3 Answers from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Property distribution

If the property was left in your name, and not your spouses, through your mother's will, and if you sell it and place the proceeds in an account in just your name, the proceeds are your separate property and will not be divided upon divorce.

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Answered on 1/28/02, 8:55 am
Daniel Clement Law Offices of Daniel Clement

Re: Property distribution

Generally, properry obtained by gift or inheritance is separate property. Without knowing all the details, it is impossible to render an opinon. I suggest you consult, in private, with an attorney to discuss your matter.

If I can be of help, please feel free to contact me.

Daniel Clement

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Answered on 1/28/02, 10:17 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Property distribution

Property that passes to you from a decedent is not marital property. I would suggest you file for divorce soon, so that anything else you may accumulate will not be marital property either.

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Answered on 1/28/02, 3:08 pm


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